Majority
p. 530Norman F. Robertson, Respondent, v. Charles Frohman, Inc., Appellant. (Submitted February 27, 1922; decided March 7, 1922.)
Headnote
Appeal—failure to file stipulation for judgment absolute in event of affirmance of order granting new trial.Reported below, 198 App. Div. 782 .
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 16,1921, reversing a judgment in favor of plaintiff for nominal damages
p. 531
entered upon a verdict directed by the court and granting a new trial.
The motion was made upon the ground of failure to file the required stipulation for judgment absolute in the event of affirmance.
Charles H. Tuttle for motion.
Frederick D. W. Searing opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless within ten days appellant files proper stipulation for judgment absolute and pays ten dollars costs of motion.